An Act amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in wiretapping and electronic surveillance, further providing for definitions; and, in recordings by law enforcement officers, further providing for definitions.

PRINTER'S NO. 3019
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2299
Session of
2026
INTRODUCED BY BIZZARRO, N. NELSON, WAXMAN, HILL-EVANS, GUENST,
CONKLIN, GOUGHNOUR, CEPEDA-FREYTIZ, PIELLI, HADDOCK AND
GUZMAN, MARCH 18, 2026
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 18, 2026
AN ACT
Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
Judicial Procedure) of the Pennsylvania Consolidated
Statutes, in wiretapping and electronic surveillance, further
providing for definitions; and, in recordings by law
enforcement officers, further providing for definitions.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "oral communication" in section
5702 of Title 18 of the Pennsylvania Consolidated Statutes,
amended November 24, 2025 (P.L.326, No.53), is amended to read:
§ 5702. Definitions.
As used in this chapter, the following words and phrases
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Oral communication." Any oral communication uttered by a
person possessing an expectation that such communication is not
subject to interception under circumstances justifying such
expectation. The term does not include the following:
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(1) An electronic communication.
(2) A communication made in the presence of a law
enforcement officer on official duty who is in uniform or
otherwise clearly identifiable as a law enforcement officer
and who is using an electronic, mechanical or other device
which has been approved under section 5706(b)(4) (relating to
exceptions to prohibitions in possession, sale, distribution,
manufacture or advertisement of electronic, mechanical or
other devices) to intercept the communication in the course
of law enforcement duties. As used in this paragraph only,
"law enforcement officer" means any of the following:
(i) A member of the Pennsylvania State Police.
(ii) An individual employed as a police officer who
holds a current certificate under 53 Pa.C.S. Ch. 21
Subch. D (relating to municipal police education and
training).
(iii) An agent of the Office of Attorney General as
described under paragraph (2) of the definition of
"enforcement officer" in 71 Pa.C.S. § 5102 (relating to
definitions).
(iv) A sheriff or a deputy sheriff.
(v) Waterways conservation officers or deputy
waterways conservation officers as the terms are defined
under 30 Pa.C.S. § 102 (relating to definitions).
(vi) An officer as defined under 34 Pa.C.S. § 102
(relating to definitions).
(vii) An individual employed by the Department of
Conservation and Natural Resources who is vested with
powers of arrest under section 302(c) or 303(a)(7) of the
act of June 28, 1995 (P.L.89, No.18), known as the
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Conservation and Natural Resources Act.
(viii) An agent as defined in 61 Pa.C.S. § 6101
(relating to definitions).
(ix) An individual employed by the Department of
Corrections Bureau of Investigations and Intelligence
holding a police officer commission under the act of May
21, 1943 (P.L.469, No.210), entitled "An act providing
for commissioning as police officers certain employes of
institutions maintained in whole or in part by the
Commonwealth; conferring upon them the powers of
constables in certain cases; and imposing duties on
wardens and keepers of jails, police stations and lock-
ups," provided that the individual is not intercepting
the communication from inside the residence of an
employee of the Department of Corrections without the
consent of the employee or prior court approval.
(x) An officer as defined under 42 Pa.C.S. § 9911
(relating to definitions).
* * *
Section 2. The definition of "law enforcement officer" in
section 67A01 of Title 42 is amended by adding a paragraph to
read:
§ 67A01. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Law enforcement officer." Any of the following:
* * *
(10) An officer as defined under section 9911 (relating
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to definitions).
* * *
Section 3. This act shall take effect in 60 days.
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